10 Year Long Residence: Dependants. Para 322[1], EX 1(a) (b)

Hi

Everybody in my family (myself and my two dependants -- Wife and Child) completed 10 years 2012 November (legal and continuous) and we applied for ILR in March 2013 using the then form SET(O). We made a mistake in assuming that all three could apply using the same form. We paid fees for Main applicant + two dependants rather than three full applicant fees. Hindsight is a great thing!

Now, while I was granted ILR last week, the family has been refused the same under para 322(1) of HC395. Instead they have been given leave to remain under exceptions paragraph EX 1(a) and 1(b).

I approached an immigration lawyer who has suggested that the home office has done the right thing and the case is "complicated" but the family can apply in their own right as they have each completed 10 years.

The question is: is it a simple case of the wife and daughter reapplying separately using SET(LR) and SET(F)? Does anybody have any experience in this and can they throw some light?

Thanks in advance.

Regards
KB

Yes. Cite the Long residence Guidance, page 11.

Once an applicant has built up a period of 10 years continuous lawful residence there is no limit on the length of time afterwards when they can apply.

If daughter was born in the UK, then, alternatively, she is entitled to register for British citizenship.

vinny wrote:Yes. Cite the Long residence Guidance, page 11.

Once an applicant has built up a period of 10 years continuous lawful residence there is no limit on the length of time afterwards when they can apply.

If daughter was born in the UK, then, alternatively, she is entitled to register for British citizenship.

Thanks Vinny. No, she wasn't born in the UK. So it is SET(LR) and SET(FR) for the wife and daughter respectively. I was unsure as the letter addressed to them while refusing ILR says "you are not entitled to appeal this decision".

There's no right of appeal as they have been granted leave. Suggest that your wife applies for SET(LR) first and then your daughter applies for SET(F) after your wife is successful.